DIKTUM: Jurnal Syariah dan Hukum
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PENELITIAN RIJAL AL-HADIS SEBAGAI KEGIATAN IJTIHAD
Full text linkRijal al-Hadith is a Hadith reference for scholars and researchers tradition in researching the series-a series of narrators of hadith, especially in terms of linkage and sanad, quality and personal integrity of the narrators of Islamic teachings, intellectual capacity and various other information related to the research sanad Hadith. Research sanad of hadith are very closely related to the activities of ijtihad, because both activities require seriousness, sincerity, perseverance, precision and caution. Because of a tradition established its status is one of the sources of Islamic teachings, so the quality is very need to know in relation to the proof's traditions studied. The use of traditions that do not qualify will be able to lead the Islamic teachings do not correspond with what is supposed to be
METODE LAFZIYAH DALAM MENGISTINBATKAN HUKUM MENURUT MAZHAB ZAHIRIYAH
Full text linkThis article discusses the methods Lafziyah in finding the law. Based on assessment results indicated that schools of az-Zahiriyah is a School that in formulating the law sets only adhered to the rules of language (Mafhun al-Lash). This concept is an alternative development of the law formulated solely by this flow, as a consequence of the rejection method of analogy (analogy). In addition to the Quran and al-Sunnah, this school also uses ijma 'friend and al-proof. The concept of al-effective proposition is deemed to appear to give an answer and a chance to anticipate the complexity of problems that may arise in the community
ANALISIS YURIDIS PERLINDUNGAN HUKUM TERHADAP HAK CIPTA
Full text linkThis paper describes the analyst Juridical Protection of copyright law. From the assessment results with normative legal approaches gained an understanding that the Copyright Act provide adequate legal protection for the creator or copyright holder, as well as protection measures include: 1) Copyright is the right of the imateriil material and attached to a personal creator and can be transferred, 2) legal protection for a specified period, 3) Imposition of sanctions against violators, and 4) for certain circumstances, copyright can be social. From an economic perspective, giving copyright protection to do because it contains economic potential
PANDANGAN AT-TUFI DAN ASY-SYATIBI TENTANG MASLAHAT (Studi Analisis Perbandingan)
Full text linkThis article discusses the problem of view at-Tufi and ash-Syatibi of beneficiaries: Comparative Study. Well-being of slaves, is a determinant factor of the study of the theory of benefit to at-Tufi and as-Syatibi. The main focus of this discussion with literature approach. The results of a literature review indicates that the concept of beneficiaries in view of at-Tufi and ash-Syatibi arguments are based on passages that Shari'a goal is to realize the benefit of both in this world and hereafter. The scope of beneficiaries are at-Tufi and as-Syatibi on issues soaial life and customs, does not apply to matters of worship and the measures that have been established Personality '. For at-Tufi, beneficiaries is a separate argument beyond the sacred text, it means masalahat not have supported the text. Because is independent, if contrary to nat / text then prioritized beneficiaries through takhsis, while the ash-Syatibi beneficiaries understand the universal nature which is the result of induction of the arguments of Personality 'so that if the beneficiaries are partial/juz' i conflict with the universal beneficiaries who precedence is the beneficiaries who are universal because of its qat'i. This difference has implications for the epistemological differences. Epistemologically, at-Tufi quite liberal in understanding the theory of beneficiaries because it puts the reasonable opinion higher than revelation or tradition. For at-Tufi, because the basis of Islamic Shari'a is the benefit, and the beneficiaries themselves can be achieved in determining the sense that something is not necessary mafsadat beneficiaries or revelation or tradition, but the reasoning is quite reasonable. While trying to integrate Syatibi ash-revelation and reason through the application of inductive logic of Islamic texts in understanding the theory of benefit
KONTEKSTUALISASI HUKUM KEADILAN DALAM QISHAS
Full text linkThis article describes the problem in Qishas contextualisation Justice. Assessment results obtained from the understanding that the term "'Adala", which is aplication used for interpretation of justice, in the mentioned 28 times in the Koran. The word, describes a situation that is straight. Called Straight specifically because it meaningful determination of the law correctly. In terms of Islamic studies is examined more specifically by Mu'tazila as one school of thought that maintains the justice of God. In Islamic criminal law, sanctions the world divided into two kinds, namely: the first based on texts in the form of Qisas, diyat and had. Second, the government left to the discretion of ta'zir. Qishas fiqhi language more commonly used as a punishment qishas threatened with sanctions or disciplinary action taken as a reply in kind. Meanwhile, in view of the West, Islamic law is too cruel and inhumane even been blamed for something that is very unfair, because the children worth it unable to provide a deterrent effect on the perpetrators, and provide no assurance that qishas more effectively than other punishments severe. This assumption is refuted by the phenomenon in several Western countries, there are people who are not satisfied with the legal sanction given so that it appears not believe the attitude of law enforcement and legal materials
ISLAM DAN MENEPAUSE:
Full text linkThis article presents the significance of Islamic counseling for menopausal women. Using multiple approaches, this study reveals that menopause is a biological process that will be experienced by all living creatures, including human beings, especially women. In this menopause phase, there will be some changes in all human parts. All human parts will gradually undergo structural and functional decline, and eventually will be dysfunctional. In Islamic perspective, men and women have equal status. The difference is only in biological aspect and in their role in social life. Therefore, the psychological problems for menopausal women needs counseling based on religious teachings
SISTEM IJTIHA DALAM HUKUM ISLAM (Metodologi Pembaruan Ibnu Taimiyah)
Full text linkThis article explores the ijtihad system in Islamic law with special reference to ibn Taimiyah’s reform method. This study reveals that ibn Taimiyah is one of proponents of reform in ijtihad methodology. In this methodology, he frequently follows the line of Hanbalite system, and neglects three other systems, Hanafite, Malikite, and Syafi’ite. He even produces some works according to his own methodology. Ibn Taimiyah lays so much emphasis on the application of ijtihad methodology based on Qur’an and Sunnah, yet does not neglect ijma’, qiyas, and maslahah mursalah, with strict requirement. He is different from Abu Hanifah who emphasizes the application of istihsan and ‘urf, from Malik who emphasizes maslahah mursalah, and from Syafi’i who prefers the istidlal methodology. Actually, ibn Taimiyah appreciates the rational faculty in analizing the texts (nash). According to him, the usage of rational reasoning makes Islamic law logical. In comprehending religious truth, especially related to natural phenomena and social life, ibn Taimiyah is an empiricist and rationalist. This in turn endorses the scientific experiment and direct observation
KORUPSI DAN MASA DEPAN BANGSA (Suatu Pendekatan Daruriyah al-khamsah)
Full text linkCorruption is a crime that is harmful to the life of the nation, to day and the future. Corruption in Indonesia has become culture and difficult cure disease, because it was rampant in bureaucratic institutions. The question that arises is the law enforcement and all existing legal rules as the expectations of society are not able to eradicate corruption. This paper analyzes about how the advantages and disadvantages caused by corruption in national life through approach “Daruriyah al-Khamsah”, namely the advantages theory in Islam. The purpose of this paper is to understand the corruption and its danger, so it can be avoided for individual advantages and the future of the Indonesia nation. The method used is the analysis methods with an approach calibrated between the approach of theology, law, economics and sociology
LAKI-LAKI VERSUS PEREMPUAN DI ERA KOMPETISI (Analisis Kesetaraan Dalam Islam)
Full text linkMen and women were created with the same purpose to serve Allah swt. in various aspect of life. This paper raised the issue that started from a reality in a different society with the purpose of human creation. With the purpose, will be understood correctly that the presence of men and women are aqual, because it comes from and the purpose of creating the same. Then it is not only to understandable, but practiced in life everyday. Recognized the existence of the difference, but not a reason the inequity between of both. This paper focuses with the approach of theology an sociology, by analyzing the Quran and hadis, and social realites
KONSEP MUDHARABAH Antara Kajian Fiqh dan Penerapan Perbankan
Full text linkThis article tries to study how the concept of mudharabah in classical Islamic legal theories implemented in Islamic monetary institution, especially Islamic banking. Using library research, this study shows that there exists discrepancy between the concept of mudharabah in classical Islamic books and its implementation in Islamic banking. The discrepancy indicates that the door of ijtihad is still widely open in contemporary Islamic law. The prudential principle necessitates Islamic banking to contextualize the classical concept of mudharabah in contemporary socio-cultural situation